TERMS OF SERVICE AGREEMENT
The Armstrong-Bradfield Preschool Association (“ABPA”) Web Site is comprised of various Web pages operated by the ABPA.
The ABPA Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ABPA Web Site constitutes your agreement to all such terms, conditions, and notices.
ABPA reserves the right to change the terms, conditions, and notices under which the ABPA Web Site is offered, including but not limited to the charges associated with the use of the ABPA Web Site.
ADVERTISERS/THIRD PARTY LINKS AND CONTENT
The ABPA Web Site may contain advertising and sponsorships, and may contain links to other Web Sites unrelated to the ABPA, including links to Web Sites of its Advertisers ("Linked Sites").
Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. The ABPA is not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials. The Linked Sites are not under the control of the ABPA and the ABPA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The ABPA is not responsible for webcasting or any other form of transmission received from any Linked Site. The ABPA is providing these links to Users only as a convenience, and the inclusion of any link does not imply endorsement by the ABPA of the site or any association with its operators.
Third party content may appear on the ABPA Web Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content from a third party on the Site or linked from the Site. Users understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect the beliefs of the ABPA.
NO UNLAWFUL OR PROHIBITED USE
Web Site Users are granted a non-exclusive, non-transferable, revocable license to access and use the ABPA Web Site strictly in accordance with this Agreement. As a condition of your use of the ABPA Web Site, you warrant to the ABPA that you will not use the ABPA Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ABPA Web Site in any manner which could damage, disable, overburden, or impair the ABPA Web Site or interfere with any other party's use and enjoyment of the ABPA Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ABPA Web Sites. Unless otherwise specified, the ABPA Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the ABPA Web Site.
USE OF COMMUNICATION SERVICES
The ABPA Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Use the ABPA Web Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions.
• Use the ABPA Web Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations, or violate any other applicable laws or regulations.
The ABPA has no obligation to monitor the Communication Services. However, the ABPA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The ABPA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The ABPA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the ABPA's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The ABPA does not control or endorse the content, messages or information found in any Communication Service and, therefore, the ABPA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ABPA spokespersons, and their views do not necessarily reflect those of the ABPA.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO THE ABPA OR POSTED AT ANY ABPA WEB SITE
The ABPA does not claim ownership of the materials you provide to the ABPA (including feedback and suggestions) or post, upload, input or submit to any ABPA Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting the ABPA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission, in the ABPA’s sole discretion. The ABPA will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.
No compensation will be paid with respect to the use of your Submission, as provided herein. The ABPA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the ABPA’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ABPA WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE ABPA AND/OR ITS AFFILIATES OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ABPA WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE ABPA WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE ABPA AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ABPA WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS", AS AVAILABLE, WITH ALL FAULTS, WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE ABPA AND/OR ITS AFFILIATES OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
The ABPA reserves the right, in its sole discretion, to terminate your access to the ABPA Web Site and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas, U.S.A. in all disputes arising out of or relating to the use of the ABPA Web Site. Use of the ABPA Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the ABPA as a result of this agreement or use of the ABPA Web Site. You agree to indemnify, defend and hold the ABPA and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Site. The ABPA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the ABPA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ABPA Web Site or information provided to or gathered by ABPA with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and the ABPA with respect to the ABPA Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ABPA with respect to the ABPA Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the ABPA Web Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site may be the copyrighted work of third parties. All contents of the ABPA Web Site are provided by the ABPA and/or its affiliates or suppliers. All rights reserved.
“Armstrong-Bradfield Preschool Association” and “ABPA” and others are our service marks, trademarks, or registered service marks or trademarks.
Any names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any “example” companies, organizations, products, people or events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
· Before or at the time of collecting personal information, the ABPA will identify the purposes for which information is being collected.
· The ABPA will collect and use of personal information solely with the objective of fulfilling those purposes specified by the ABPA and for other compatible purposes, unless it obtains the consent of the individual concerned or as required by law.
· The ABPA will only retain personal information as long as necessary for the fulfillment of those purposes.
· The ABPA will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
· Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
· The ABPA will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
· The ABPA will make readily available to Users information about our policies and practices relating to the management of personal information.